THE lawyer for the Member of Parliament (MP) for Northwest Guadalcanal Francis Sade will be making an application to strike out the election petition case filed against his client on September 3.
Former MP for Northwest Guadalcanal Bodo Dettke filed the petition following his defeat in the April 17 National General Election alleging Interference with Voting, Undue influence and three counts of bribery.
However, the petitioner later withdrawn two bribery charges due to insufficient evidence.
Wilson Rano of Rano & Company, who represents Sade, confirmed that they will be making the application to strike out the petition when the petition matter returns to court on September 3.
He said, the application to strike out the petition was supposed to be heard in court on Monday.
However, Mr Rano said the petitioner’s lawyer wanted to make further amendment to the petition, which the court granted and gave time for the lawyer and his petitioner to make the amendment.
“The application to strike out is based on two grounds. One is because the pleading is frivolous and vexatious, which means it is defective,” he explained.
Mr Rano said, this simply means that it cannot sustain any case.
“There is nothing to prove in the way they plead because the way they plead does not capture every element of bribery.
“Secondly, there is insufficient evidence.”
Mr Rano added that even the evidence already filed is not sufficient to meet the required standard of proof.
Gabriel Suri of Suri’s Law Practice represents Dettke.
By ASSUMPTA BUCHANAN
Solomon Star, Honiara